RAM PAL Vs. MEHAR SINGH

JUDGEMENT

(1.) This appeal is on behalf of four minor plaintiffs whose suit for the possession of some agricultural land on the basis of their superior right of pre-emption had at first been dismissed by the Subordinate Judge Third Class, Kaithal, by judgment dated 26th August, 1966, and then by the Additional District Judge, Karnal, by judgment dated 17th October, 1967. It was held by both the Courts below that the suit being collusive the plaintiffs were not entitled to the decree prayed for by them.

(2.) The land in dispute was sold by Puran, Hari Singh and Lachhman who were related as brothers and by Ramji Lal. They had at first been impleaded as defendant Nos. 1 to 4 but were subsequently given up by the plaintiffs while the suit was still before the trial Court. The sale took place on 2nd June, 1965, by a deed registered on 4th June, 1965, for Rs. 14,730/- in favour of Mehar Singh, Kehar Singh and Surat Singh. Out of them, Kehar Singh and Surat Singh were minors and they are still being represented before this Court by their guardian ad litam Mr. O.P. Goyal, an Advocate. All the four plaintiffs were minors at the time of the sale and their ages ranged from two to five years. Ram Pal and Prem minor plaintiff Nos. 1 and 2 are the sons of Puran. Raghuvir minor plaintiff No. 3 is the son of Hari Singh, and Parkash minor plaintiff No. 4 is the son of Ramji Lal. They have sued through their respective mothers as their next friends. The plea of the defendants on the basis of which the plaintiff's suit was dismissed was couched in the following words :-

(3.) It was held by the trial Court that over and above the sale consideration the vendee-defendants were further entitled to the payment of a sum of Rs. 966/- by way of stamp and registration charges. This finding of fact had not been challenged by the plaintiffs before the lower appellate Court. No contest was raised in this behalf even in this Court.